Public Act 90-0179 of the 90th General Assembly

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Public Act 90-0179

SB213 Enrolled                                 LRB9001699MWpc

    AN ACT to amend the Illinois Municipal Code  by  changing
Section 11-91-1.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Illinois Municipal  Code  is  amended  by
changing Section 11-91-1 as follows:

    (65 ILCS 5/11-91-1)  (from Ch. 24, par. 11-91-1)
    Sec. 11-91-1.   Whenever the corporate authorities of any
municipality, whether incorporated by special  act  or  under
any  general  law, determine that the public interest will be
subserved by vacating any street or alley, or  part  thereof,
within  their jurisdiction in any incorporated area, they may
vacate  that  street  or  alley,  or  part  thereof,  by   an
ordinance.   But  this  ordinance  shall  be  passed  by  the
affirmative  vote  of at least three-fourths of the aldermen,
trustees or commissioners then  holding  office.   This  vote
shall be taken by ayes and noes and entered on the records of
the corporate authorities.
    No ordinance shall be passed vacating any street or alley
under   a   municipality's   jurisdiction   and   within   an
unincorporated  area  without  notice  thereof  and a hearing
thereon.  At least 15 days prior to such a hearing, notice of
its time, place and subject matter shall be  published  in  a
newspaper  of  general  circulation within the unincorporated
area which the street or alley proposed for vacation  serves.
At   the  hearing  all  interested  persons  shall  be  heard
concerning the proposal for vacation.
    The ordinance  may  provide  that  it  shall  not  become
effective  until  the  owners of all property or the owner or
owners of a particular parcel or parcels of property abutting
upon the street or alley, or part thereof so  vacated,  shall
pay  compensation  in an amount which, in the judgment of the
corporate authorities, shall be the fair market value of  the
property  acquired or of the equal to the benefits which will
accrue to them by reason of that vacation, and if  there  are
any  public  service  facilities  in such street or alley, or
part  thereof,  the  ordinance  may  also  reserve   to   the
municipality  or  to  the public utility, as the case may be,
owning such facilities, such  property,  rights  of  way  and
easements  as,  in the judgment of the corporate authorities,
are necessary or desirable for continuing public  service  by
means  of  those  facilities and for the maintenance, renewal
and reconstruction thereof.  If the ordinance  provides  that
only the owner or owners of one particular parcel of abutting
property  shall make payment, then the owner or owners of the
particular parcel shall acquire title to the  entire  vacated
street or alley, or the part thereof vacated.
    The  determination  of the corporate authorities that the
nature and extent of the public use or public interest to  be
subserved in such as to warrant the vacation of any street or
alley,  or  part  thereof,  is conclusive, and the passage of
such  an   ordinance   is   sufficient   evidence   of   that
determination,  whether  so  recited in the ordinance or not.
The  relief  to  the   public   from   further   burden   and
responsibility  of  maintaining  any street or alley, or part
thereof,  constitutes  a  public  use  or   public   interest
authorizing the vacation.
    When  property  is  damaged by the vacation or closing of
any street or alley, the damage shall be ascertained and paid
as provided by law.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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